Reading PA DUI Lawyers

Berks County/Reading DUI Defense

The Swedes were the first European settlers in Pennsylvania in 1683, living along the Schuylkill and Delaware rivers, trading with the Indians. William Penn wanted to give his Quaker friends the land the Swedes had already cultivated, so he offered the Swedes free land to the northwest as an enticement to vacate. Penn’s offer was accepted, and the Swedes accepted 10,500 acres north of the Manatawny Creek in 1701. The township was first known as Amity, as Germans, French and English soon followed the Swedes to the Oley Valley.

The northern Lancaster and Philadelphia region was a diverse mix of nationalities and religions, but before long, the bulk of the population were Germans with farmsteads which were scattered across the valleys and settlements. By 1739, a petition was presented to the Assembly, asking that a new county be created. At that time the Assembly took no action, so petitions were again drafted in 1745, 1750 and 1751.

It is impossible to view the foundation of Berks without including the history of Reading—Reading was a “contrived” town, with no mill at its center and no crossroads encouraging growth. After the death of William Penn, his sons, Richard and Thomas, became the Proprietors of the Province. When a decision was finally made to build a town, several different sites were examined before Richard and Thomas decided on the spot for a county seat—only to find the land had already been sold to land speculators.

The Penn brothers had to do some serious finagling to regain the land, but eventually, they did. The town of Reading was then surveyed, and streets laid out. Outlying lands were rented out to those willing to establish and tend orchards, livestock, and grain farms. By 1751, however, only seven houses had been built in Reading, but the founders were not deterred. A real estate boom ensued, and houses and business began cropping up in Reading and in Berks County.

Finally, after fourteen years of petitions, the charter was granted for the town of Reading and the county of Berks. There were disputes along the southwestern border of the County, splitting several townships, leaving half of each in Lancaster. During the French and Indian war, Reading became a military base for a chain of forts throughout the Blue Mountains. By the time of the Revolution, the local iron industry had a total production exceeding that of England, which would supply Washington’s troops with cannons, ammunition, and rifles.

Hessian prisoners from the battle of Trenton were detained in Reading, and the town was a depot for military supplies. The Philadelphia and Reading Railroad was incorporated in 1833, and after more than 100 years of prosperity, the Reading Company was forced to file for bankruptcy in 1971. The bankruptcy was the result of strict government regulations which denied railways the ability to set competitive pricing, forcing the railways to continued operating passenger service lines which lost money.

Today, agriculture is a booming industry in Berks County, which ranks third among every Pennsylvania county as far as agricultural cash receipts. The agricultural businesses include dairy production, field and forage crops, poultry, and meat animals. Reading has the distinction of having an art institute, a symphony orchestra, and a civic opera, all of which contribute to the city’s reputation as a center of culture and art.

Berks County/Reading, Pennsylvania DUI Penalties

Pennsylvania has relatively strict DUI penalties—which have gotten even harsher within the past year. Pennsylvania has a unique tier system as far as DUI penalties go. The tiers are based on BAC, as well as multiple DUI convictions. The lowest penalty category for a Pennsylvania DUI is a BAC from 0.08 percent to .99 percent. The higher penalty category for a Pennsylvania DUI is a BAC from .10 percent to .159 percent, and the highest penalty category for a Pennsylvania DUI is .16 percent or higher.

For a first-time DUI (within the past ten years), where the BAC is from 0.08 percent to .10 percent, and there was no damages or injuries and no implied consent violation (refusal), the offense is considered an ungraded misdemeanor. The penalties for this offense are:

A mandatory six months’ probation
A fine of $300
Full drug and alcohol assessment if indicated by a CRN
No mandatory license suspension and no mandatory Ignition Interlock device.

A first DUI with a higher BAC can result in 48 hours to 6 months in jail, fines from $500 to $5,000, a 12-month license suspension, a one-year Ignition Interlock device installed (with no waiting period), and a full drug and alcohol assessment.

For a second DUI within the past ten years with a BAC from 0.08 percent to .10 percent, you could face serious consequences, including:

Serve from five days to six months in jail
Fines from $300 to $2,500
License suspended for 12 months
Required to have an Interlock Ignition device installed for one year (with six months until eligibility)
Required to have a full drug and alcohol assessment

For a second DUI with a higher BAC, you could face even more serious penalties and consequences, including larger fines and longer times in jail.

For a third DUI within the past ten years with a BAC from 0.08 percent to .10 percent, you could face stiff penalties, including:

Serve from ten days to two years in jail
Pay a fine from $500 to $5,000
Have your driver’s license suspended for 12 months
Required to have an Ignition Interlock device installed for one year (with eligibility after six months)
Required to have a full drug and alcohol assessment.

For a third DUI with a higher BAC, you could face even tougher penalties, including:

Serve from 90 days to five years behind bars
Pay fines from $1,500 to $10,000
Have your driver’s license suspended for 18 months
Required to have an Ignition Interlock device installed for one year (with eligibility after nine months)
Required to have a full drug and alcohol assessment.

A fourth or subsequent DUI within ten years is charged as a felony, rather than a misdemeanor. For a fourth or subsequent DUI with a BAC from 0.08 percent to .10 percent, you could face harsh consequences, including:

Serve from 10 days to seven years in jail
Pay fines from $500 to $15,000
Have your driver’s license suspended for 18 months
Required to have an Ignition Interlock device installed for one year (with eligibility after nine months)
Required to have a full drug and alcohol assessment
Subject to DNA sampling.

A fourth or subsequent DUI within ten years with a higher BAC is also charged as a felony and can result in jail time from one to seven years, fines from $1,500 to $15,000, driver’s license suspended for 18 months, required to have an Ignition Interlock device installed for one year, (with eligibility after nine months), required to have a full drug and alcohol assessment and could be subject to DNA sampling.

ARD in Berks County/Reading

If you have been arrested for the first time for a Driving Under the Influence charge, you could be eligible for the ARD Program. The ARD Program for DUI in Berks County is an alternative to a trial, conviction, mandatory jail sentence, and mandatory loss of your driver’s license for up to one year. If this is your first DUI offense, and your BAC was between 0.08 percent and .099 percent, and no accident occurred, there would be no suspension of your driver’s license regardless of whether you were convicted, or you were admitted into the ARD Program. If you meet the following requirements, you could be eligible for ARD in Berks County or Reading:

It is your first offense for DUI, and you have no other prior misdemeanor, felony, or ARD disposition.
No serious bodily injuries occurred because of an accident.
You had no passengers under the age of 14 in the vehicle.
You were driving with a valid driver’s license.
You have undergone a Court Reporting Network evaluation prior to admission into the ARD Program.
If you refused a BAC test, your refusal form must be sent by the arresting officer to PennDOT and the District Attorney prior to ARD Court.
You must apply for the ARD program at the time of your preliminary hearing.

If you qualify for the ARD Program, you will serve one year of probation in lieu of a mandatory minimum jail term, and you will have a license suspension of 30 days if your BAC is between .10 percent and .159 percent or a license suspension of 60 days if your BAC was .16 percent or greater. You must attend Alcohol Highway Safety School as part of your ARD disposition, and you will undergo a CRN evaluation prior to ARD Court. If it is deemed necessary, you will participate in drug and alcohol treatment. You will have reduced fines and costs but will serve 16 hours of community service.

Our Berks County/Reading DUI Lawyers Are There When You Need Us

At Ciccarelli Law Offices, our Berks County/Reading DUI attorneys are here to help you following your DUI charges. We understand you are facing many serious penalties, and that you may be feeling very anxious about your future. It is likely you have many questions you need answered, and we will comprehensively answer those questions. We understand that if you are unable to drive, you may be unable to work, therefore, we will always fight hard to retain your driving privileges.

Our Berks County/Reading DUI attorneys are proud to represent all county residents who are facing DUI charges. We offer a thorough evaluation of your Berks County/Reading DUI charges, listening to you and your concerns regarding your future. Contact us today at (610) 692-8700 or (877) 529-2422.